Moore v. Corizon Health, Incorporated ( 2020 )


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  • UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLES MOORE, Plaintiff, Case No. 18-cv-13845 Hon. Matthew F. Leitman v. CORIZON HEALTH INC. et al., Defendants. __________________________________________________________________/ ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF No. 42) AND (2) GRANTING DEFENDANT JANET CAMPBELL’S MOTION FOR SUMMARY JUDGMENT (ECF No. 30) Plaintiff Charles Moore is a state inmate in the custody of the Michigan Department of Corrections. In this pro se civil-rights action, Moore alleges that the Defendants were deliberately indifferent to his serious medical needs. (See Am. Compl., ECF No. 16.) On October 10, 2019, Defendant Janet Campbell, a Health Unit Manager at the Gus Harrison Correctional Facility, filed a motion for summary judgment. (See Mot., ECF No. 30.) On July 31, 2020, the assigned Magistrate Judge issued a Report and Recommendation in which he recommended that the Court grant Campbell’s motion and dismiss the claims against her with prejudice (the “R&R”). (See R&R, ECF No. 42.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id., PageID.302.) Moore has not filed any objections to the R&R. The failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). In addition, the failure to file objections to an R&R waives any further right to appeal. See Howard v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Accordingly, because Moore has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant Campbell’s summary judgment motion is ADOPTED. IT IS FURTHER ORDERED that (1) Campbell’s Motion for Summary Judgment (ECF No. 30) is GRANTED and (2) Moore’s claims against Campbell are DISMISSED WITH PREJUDICE. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: December 8, 2020 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 8, 2020, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764

Document Info

Docket Number: 4:18-cv-13845

Filed Date: 12/8/2020

Precedential Status: Precedential

Modified Date: 6/22/2024